The central legal point established in the judgment is the restriction on bail for individuals involved in dealing with commercial quantities of contraband under the NDPS Act, and the court's authority to cancel bail based on new evidence or charges.

ORDER

1. While hearing Bail Application Nos.4216/2021, 4436/2021 and 4804/2021, an argument was raised by the counsel for the accused that mastermind of the case accused respondent - Anand Singh has been granted bail by this Court vide order dated 5.3.2021. It was also argued that the accused petitioners have been charged for offence under Sections 22-C, 23-C, 25, 29 read with Sections 2, 8-C and 9(1-A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ’the NDPS Act’) and Rules 65-A and 66 of the Narcotic Drugs and Psychotropic Substances Rules, 1985 whereas accused respondent - Anand Singh in addition to the above has also been charged for offence under Section 8/27-A of the NDPS Act. On the contentions raised before this Court, the Court directed to register suo moto bail cancellation whereupon S.B. Criminal Bail Cancellation Application No.126/2021 was registered and notices were issued to the accused respondent - Anand Singh.

2. Since all the matters are pertaining to a complaint registered at Police Station Directorate of Revenue Intelligence, Regional Unit, Jaipur, bail cancellation application as well as bail applications were heard together and are now being disposed of by this common order.

3. Briefly stated the facts of the case are that an information was received by Directorate of Revenue Intelligence (for short ’DRI’) that huge quantity of psychotropic substances, were regularly being smuggled to the USA from Jaipur through Courier/Post by a Syndicate based in Rajasthan. A search was conducted by the DRI Officers at 176-B, Nirwan House, K-5 C-Scheme, Khatipura, Jaipur. The said house was belonging to Jagdish Singh, Retired Captain. As per the statement of Jagdish Singh, this house was rented to Shri Bhagwan Sain. Commercial quantity of psychotropic substances was recovered from the above-mentioned house. Raid was also conducted at House No.252, Ward No.7, Sadar Bazar, Nasirabad and 13207 tablets/injections were seized. This premises belonged to Anil Chaukdiwal and Deepak Chaukdiwal. On the basis of the material found in the mobile of the accused and their respective statements regarding shipments, the Officers of DRI, DZU, New Delhi seized 28830 tables from EICI Express Terminal (Fedex Express), IGI Airport, New Delhi and 32560 tables from DHL Express India Pvt. Ltd., 71/3, Najafgarh Industrial Estate, Rama Road, Moti Nagar, New Delhi at DHL on 23.10.2019. These contraband substances were also in commercial quantity.

4. It is contended by the counsel for the accused respondent - Anand Singh that the bail was granted to him on 5.3.2021. The accused respondent - Anand Singh has not flouted any condition of the bail order and the bail cannot be cancelled as the accused respondent has not concealed any material from this Court.

5. It is contended by the counsel for the accused Anil Chaukdiwal, Bhagwan Sain and Deepak Chaukdiwal that accused respondent - Anand Singh was the mastermind and main accused. Out of list of 36 witnesses, only 6 witnesses have been examined till now. As per the charge-sheet, recovery was effected from the godown of Anand Singh and he has been charged for the offence under Section 27-A of the NDPS Act whereas accused Anil Chaukdiwal, Bhagwan Sain and Deepak Chaukdiwal have been discharged of the said offence. It is contended by the counsel for the accused Bhagwan Sain that he was not aware of the contraband and his work was limited only to transporting the goods on the instructions of accused respondent - Anand Singh.

6. Counsel for DRI contends that accused respondent - Anand Singh is the mastermind of the Smuggling Syndicate. Accused respondent - Anand Singh exported these psychotropic substances to USA with the help of his associates, who helped in packing of psychotropic substances in various marble articles like flower pots, statues and for further booking of parcels in GPO/DHL/Fedex Courier. It is also contended that Anand Singh was procuring these psychotr